Terms-Conditions – Vardhman Health Specialities Pvt Ltd

TERMS AND CONDITIONS OF ACCESS AND USAGE OF MOBILE APPLICATION “BioMeds”.
NOTE: This document is an electronic record in terms of information Technology Act, 2000 and Rules there under, as applicable and the amended provisions pertaining to electronic records in various statues as amended by the information Technology Act, 2000.This electronic record is generated by a computer system and does not require any physical or digital signature.
This document is published in accordance with the provisions of Rule 3(1) ofthe of the information Technology (Intermediaries guidelines) Rules, 2011 that requires publishing the rules and regulations, privacy policy and Terms.
1. Ownership:

This mobile application titled “BioMeds” is the property of Vardhman Health Specialties pvt Ltd.,
Hereinafter reffered to as “VHSPL”, for short.

Aperson intending to down load and use the mobile application “BioMeds” is referred hereinafter as “user”.
The contents and the software of “BioMeds” are protected by copyright, trade mark and other intellectual property rights and laws throughout the world.
The user is permitted to display the contents of BioMeds on a computer screen/mobile screen and, save for restricted access documents, to download and print a hard copy for personal use or for obtaining products or services from VHSPL provided that the does not alter or remove any of the content s or any part of VHSPL site/mobile application without express permission to do so and that the does not change or delete any copyright, trademark or other proprietary notices.
2. Mobile application availability:
This mobile application “BioMeds”is provided free of charge and VHSPL does not guarantee that it will be uninterrupted or error free. VHSPL reserves the right to modify or withdraw the whole or
Any part of theVHSPL website/mobile application or any of its content at anytime without notice and without incurring any liability.>

Registration policy:
Only eighteen years old and above persons can download the mobile application and register to access and use.

The user agrees that he/she is not debarred by any law to contract.
The user agrees that he/she has read , understood and accepted terms and conditions provided herein.

VHSPL is not under any obligation to accept a request for registration and reserves the right to terminate access at any time if the user’s continued use of the mobile application is believed to prejudice VHSPL or their associates.
By registering in this mobile application the user confirms that the information provided during the registration process is accurate and complete.

All registration information provided by the user will be kept secure and processed in accordance
With the privacy policy of VHSPL.

The user agrees not to copyreproduce (in any medium or format),distribute, transmit, modify, create derivate works from all or any part of this Mobile application or the materials or software on it, or provided to you through it without prior written consent of VHSPL (which may be given or withheld in the absolute discretion of VHSPL)

User Name and password:
The user is responsible for keeping the user name and password confidential and for ensuring that they are not misused by any other person.
Offers, promotions, software and downloads:
VHSPL may occasionally promote 3rd party goods or services on “BioMeds” or through other direct marketing initiatives or may make software and other materials available to the user to purchase or download. Whilst VHSPL tries to ensure that third parties to offer good quality products and services and materials at competitive prices, they have no control over the third parties nor VHSPL endorses the products or services they offer, nor give you any assurance that they will be suitable for user’s needs. It is the responsibility of the user to satisfy in this regard and VHSPL have no liability in connection with the same.

Clubbing of offers: Any ongoing offer or promotional scheme cannot be clubbed with the orders placed under the subscription plan shall be processed based on the standard discount and promotional scheme available based on the standard discount and promotional scheme available based on the standard discount and promotional scheme available at the time of processing any order under the subscription plan. VHSPL shall have the sole direction to decide with regard to the offer or scheme that shall be applicable to the orders placed under the subscription plans.

Discount on selected products: Discounts provided on the mobile application are on selected products.

Monitoring:
VHSPL may monitor activity and content on this mobile application and may take any action consider appropriate including attaching conditions to or terminate access and/or notifying the relevant authorities if breach of these terms and conditions of “BioMeds”is noticed.
Security:
VHSPL employs security technology as detailed in the privacy policy. However, Internet transmission are never completely private or secure and there is a risk, therefore, that any message or information the user may send from “BioMeds” may be intercepted and potentially read by others. VHSPL has no liability in respect of such any transmission user may send and the user does so entirely at his/her own risk.
Liability:
VHSPL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (IN CONTRACT,NEGLIGENCE OR OTHERWISE) WHERE:

(A)THERE IS NO BREACH OF A LEGAL DUTY OF CARE BY VHSPL TOWARDS THE USER .

(B)THE LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR

(C) ANY LOSS OR DAMAGE OR INCREASE IN LOSS OR DAMAGE RESULTS FROM A BREACH BY THE USER OF THESE TERMS AND CONDITIONS, THE MAXIMUM LIABLITY OF VHSPL SHALL BE LIMITED SERVICES AVAILED BY THE USER.VHSPL OR ITS DIRECTORS SHALL NOT BE LIABLE FOR ANY INDRECT, CONSEQUENTIAL OR OTHER DAMAGES CAUSED TO THE USER

Third party rights: Nothing in these terms and VHSPLes is intended to nor shall it confer a benift on any third party under the contracts and a person who is not a party to these Terms and VHSPLes has no rights to enforce them.

PRESCRIPTION AND ORDERS:
Drugs will be ordered only against valid prescription issued by a Registered Medical practitioner defindd under rule2(ee) of the Drugs and Cosmetics rules.

NOTE; Prescription:-
(1)Shall be in writing, be signed by the person giving it with usual signature and be dated by him;

(2) Specify the name and address of the person for whose treatment is given, and

(3) Indicate the total amount of the medicine to be supplied and the dose to be taken.

The user agrees that the original prescription will be produced for verification failing which the order will not be processed.

The Registered Pharmacist of VHSPL will scrutinize the prescription for conformity.

VHSPL reserves right to refuse to fulfill the order if in it’s opinion the prescription is not a bonafide one or is not in conformity with the requirement stated above.
The user declares that the prescription has not been used to order the drug earlier.

Prescription for persons other than self: if the prescription relates to a person other than user, authority from the concerned is necessary. By placing an order to dispense another person’s prescription the user confirms that he/ she has authority to do so.

Acceptance of order:

VHSPL accepts orders from and dispatches orders to any place in India.
VHSPL’s services are rendered from its own licensed premises under strict supervision of qualified and registered pharmacists. All pharmacists are bound by codes of professional ethics and conduct.

The user will be informed of the acceptance of the order or otherwise.

Binding agreement:

Order placed by the user will be binding on VHSPL upon I confirmation of the user by email or message or communication is sent. VHSPL reserves the right to reject any order. All orders are delivered subject to receipt of valid prescription and availability.

No warranties:
VHSPL makes no warranty that:
The application will meet user’s requirements;
ii. The application will be available on an uninterrupted , timely, secure, or error free basis;
iii. That any result that may be obtained from the VHSPL e of the application or any services offered through the VHSPL website will be accurate or reliable.
iv. VHSPL disclaims all warranties as to the accuracy, completeness or adequacy of such information.
VHSPL disclaims all liabilities arising from manufacturing defects and the claims if any with regard to defect in manufacturing or otherwise shall be made directly on the manufacturer whose information in provided on the product.VHSPL may at its sole discretion assist user in providing any information that may be required with regard to the claim.
Acceptance & Delivery:
Placement of an order either directly (in case of a repeat order or continuous drug administration as prescribed) shall constitute an agreement with VHSPL. All orders are subject to acceptance and confirmation of delivery date and time. Mere receipt of the prescription or an order either directly from the user or from the registered medical practitioner does not amount to acceptance of order nor guarantee that the drugs will be delivered as per the requirement within a specific time. All orders are subject to availability of stocks.
All orders received by VHSPL shall be subject to various laws, including drugs and cosmetics Act(as may be amended from time to time). VHSPL does not accept orders unless the same is prescribed by the registered medical practitioner licensed by the medical counsel of India. The user is will be liable if the prescription is found to be not authentic.
All drugs will be delivered through a delivery agent without disclosing the personal information or prescription in compliance with applicable laws either directly to the patient or its authorized person. On delivery VHSPL shall be entitled to full payment for the same.
Prescribed drugs will be dispensed only once , unless the prescription is partly dispensed or the prescription indicates refilling instructions. The user shall allow VHSPL to stamp the original prescription indicating the fulfillment details of the prescription.
The drugs will be delivered to the address provided by the user at the time of registration or to an alternative address, if indicated at the time of placing the order.
The user shall acknowledge the receipt of the drug and handover the same to the person delivering the package.
In the event that the packaging is opened after delivery, VHSPL will have no liability u for the lost or damaged items.
Notification of errors: The user shall check the items delivered promptly upon receipt and any discrepancy shall be brought to notice to VHSPL immediately by contacting the customer care.
No additional cost other than invoice value
Cancellation of orders:For genuine reasons the order can be cancelled contacting the customer care number provided the communication is received before the process of delivery has been initiated.
Return and Refund:- Refunds will be processed only for defective and incorrect deliveries. Refunds will be made as per the original mode of payment. Refunds will be made as per the original mode of payment .refunds for credit cards payments will take 7 days to get processed. Refunds for cash payments will be made by cash/cheque within 7 days to get processed. Refunds for cash payments will be made by cash / cheque within 7 days from the date of refund initiation.

IF YOU HAVE ANY QUESTION CONCERNING THE SERVICE, PLEASE CONTACTVHSPL
info@vardhmanhealth.comOR Call +91 9900220011
WARNING:
THE USER SHALL CHECK ALL TIMES DISPENSED AND SHOULD NOT TAKE ANY MEDICATION THAT APPEARS TO HAVE BEEN TAMPERED WITH OR WHICH MAY HAVE BEEN DISPENSED IN ERROR…

Force majeure:
VHSPL shall not be liable and to the extent , that the performance or delay in performance of any of its obligations are prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control and without the fault or negligence of such party, including but not limited to change in legislation, fire, flood, explosion , epidemic, accident, act of god, war, riot , strike , lockout, traffic or other concerted act for workmen and /or act of the government . VHSPL may at its sole discretion withdraw the services or goods if a forcemajeure events occurs
Governing law and Jurisdiction
The Terms of VHSPL are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and the user irrevocably and unconditionally submits to the exclusive VHSPL jurisdiction located in Bangalore, India.
Acceptance of Terms and Conditions:
By clicking on I have read and accept the terms and conditions box at the bottom of the Registration Form “, the user consents to VHSPL’s Terms and conditions and the user agrees to be bound by these terms and conditions set forth above including any additional guidelines and further modifications. If at any time user does not agree to these terms and conditions or the User wishes to terminate registration as an Affiliate, he/she may do so by communication.
Disclaimer:
VHSPL DOES NOT WARRANT OR REPRESENT THAT THE MATERIAL ON THIS MOBILE APPLICATION IS ACCURATE, COMPLETE OR CURRENT OR THAT THE VHSPL BSITE WILL BE FREE OF DEFECTS OR VIRVHSPL ES.NOTHING CONTAINED IN THE PAGES OF THIS MOBILE APPLICATION SHOULD BE CONSTRUED AS MEDICAL, COMMERCIAL, LEGAL OR OTHER PROFESSIONAL ADVICE. DETAILED PROFESSIONAL ADVICE SHOULD BE OBTAINED BEFORE TAKING OR REFRAINNIN